Excluded trusts

The Land Owner Transparency Act ("the Act") excludes specific types of trusts from filing a transparency report.

On this page

• Charitable trusts
• Testamentary trusts
• Alter ego trusts, joint spousal and common-law partner trusts
• Trusts where the trustee is the Public Guardian and Trustee
• Trusts the trustee of which is an administrator of an estate
• Trusts in respect of a pension plan
• Trusts in respect of a pooled registered pension plan
• Trusts in respect of which every beneficiary is an Indigenous nation
• Property vested in a person licensed or appointed under the Bankruptcy and Insolvency Act
• Mutual fund trusts
• Specified investment flow-through trusts
• Real estate investment trusts

Excluded trusts

Charitable trusts

A trust that was established exclusively for charitable purposes, and has activities that support its charitable purposes, is excluded. For more information on the definition of charitable purpose and charitable activities, see What is charitable?

The Canada Revenue Agency has a searchable database of charities. Note: this list is not exhaustive and does not necessarily include all charitable trusts.

Testamentary trusts

A trust that is created at the moment of a person’s death, whether it is written into their will or because a court orders it, is excluded.

Note: this exclusion applies only when the registered owner of the land owns the land in their capacity as trustee.

Alter ego trusts, joint spousal and common-law partner trusts

Alter ego trusts and joint spousal or common-law partner trusts within the meaning of the Income Tax Act are excluded.

Trusts where the trustee is the Public Guardian and Trustee

A trust the trustee of which is the Public Guardian and Trustee is excluded.

Trusts where the trustee is an administrator of an estate

A trust the trustee of which is an administrator of an estate is excluded from filing.

Note: estate administrators are not the same as executors. Estate administrators are appointed by the court under the Wills, Estates and Succession Act, while executors are usually named in a will.

Trusts in respect of a pension plan

A trust that has been created for the purposes of a pension plan registered under provincial or federal legislation is excluded. 

The BC Financial Services Authority has the following list of registered pension plans in B.C. and the Office of the Superintendent of Financial Institutions has the following list of federally regulated pension plans. A pension plan registered under pension legislation of a province other than B.C. is also excluded from filing.

Trusts in respect of a pooled registered pension plan

A trust that has been created for the purposes of a pooled registered pension plan, within the meaning of the Pooled Registered Pension Plans Act, is excluded.
 
The Office of the Superintendent of Financial Institutions has the following list of pooled registered pension plans. 

Trusts in respect of which every beneficiary is an Indigenous nation

A trust of which every beneficiary is an Indigenous nation is excluded. Refer to the definition of an Indigenous nation under the Act. 

Property vested in a person licensed or appointed under the Bankruptcy and Insolvency Act 

Property vested in a person licensed or appointed under the Bankruptcy and Insolvency Act is excluded.

The Office of the Superintendent of Bankruptcy has a list of licensed insolvency trustees.

Mutual fund trusts

Mutual fund trusts, as defined by the Income Tax Act, are excluded.

Specified investment flow-through trusts

Specified investment flow-through (SIFT) trusts, as defined by the Income Tax Act, are excluded.

Real estate investment trusts

Real estate investment (REIT) trusts, as defined by the Income Tax Act, are excluded.